Polity & Governance Lecture 17 Notes
Polity & Governance Lecture 17 Notes
o Populations of other 05 UTs are too small. o Originally, this provision was to operate till 1960
but has been extended till 2020 by the 95th
NOMINATED MEMBERS Amendment Act, 2009.
o The president nominates 12 members to the o 104th CAA 2019 – No further extension
Rajya Sabha from people who have special o Provision ceased to have effect on 25th January
knowledge or practical experience in art, 2020.
literature, science and social service.
SYSTEM OF ELECTIONS TO LOK SABHA
o To provide eminent persons a place in the Rajya
Sabha without going through the process of ● Territorial Constituencies - each state is divided
election into territorial constituencies –
o The American Senate has no nominated o Each state is allotted a number of seats in
members. the Lok Sabha in such a manner that the
ratio between that number and its
COMPOSITION OF LOK SABHA (ARTICLE 81) population is the same for all states (Not
Strength Representative Representative applicable to a state having a
of States of UTs population of less than six millions)
Maximum – 530 20 o Each state is divided into territorial
550 constituencies in such a manner that the
ratio between the population of each
Current - 524 19
constituency and the number of seats
543
allotted to it is the same throughout the
state.
REPRESENTATION OF STATES ● Constitution ensures that there is uniformity of
o Directly elected by the people from the territorial representation in two respects: (a) between the
constituencies in the states different states, and b) between the different
o Election is based on the principle of universal constituencies in the same state.
adult franchise. ● ‘Population’ means the population as
o Voting age was reduced from 21 to 18 years by ascertained at the preceding census of which
the 61st CAA, 1988. the relevant figures have been published.
● Readjustment after each Census
REPRESENTATION OF UNION TERRITORIES o Parliament is empowered to determine
● The Constitution has empowered the Parliament the authority and the manner in which it
to prescribe. is to be made
● Parliament has enacted the Union Territories o Under Article 82 of the Constitution, the
(Direct Election to the House of the People) Act, Parliament may by law enact a
1965, by which the members of Lok Sabha from Delimitation Act after every census.
the UTs are also chosen by direct election. o This Delimitation Commission
demarcates the boundaries of the
NOMINATED MEMBERS Parliamentary Constituencies as per
o The President can nominate two members from provisions of the Delimitation Act
the Anglo-Indian community if the community is o Accordingly, the Parliament has enacted
not adequately represented in the Lok Sabha. the Delimitation Commission Acts in 1952,
1962, 1972 and 2002 for this purpose.
Amendment Allocation of seats in the Lok Sabha Division of each state into territorial constituencies
Act to the states
42nd CAA 1976 Froze till the year 2000 at the 1971 level ( Objective - encouraging population limiting
measures)
84th CAA 2001 Extended for another 25 years On the basis of the population figures of 1991 census
( upto year 2026)
87th CAA 2003 Without altering the number of On the basis of 2001 census
seats allotted to each state in the
Lok Sabha
MEMBERSHIP OF PARLIAMENT
Qualifications Constitution lays down the following qualifications for a person to be chosen a member of
(Article 84) the Parliament:
Note: -
● By way of the Representation of People (Amendment) Act, 2003, parliament has
removed the word ‘domicile’ from Section 3 of Representation of People Act, 1951.
● Held by SC in Kuldip Nayar Judgment 2006
● Following the amendment, A person who is neither a resident nor a domicile of a
state can contest the Rajya Sabha elections from that state.
Disqualifications Under the Constitution, a person shall be disqualified for being elected as a member of
(Article 102) Parliament –
● if he holds any office of profit under the Union or state government (except that of a
minister or any other office exempted by Parliament)
● if he is of unsound mind and stands so declared by a court.
● if he is an undischarged insolvent
● if he is not a citizen of India or has voluntarily acquired the citizenship of a foreign state
or is under any acknowledgement of allegiance to a foreign state
● if he is so disqualified under any law made by Parliament.
● Must not have been punished for preaching and practising social crimes such as
untouchability, dowry and sati.
Deciding
● The President's decision is final.
Authority (Article
● President should obtain the opinion of the election commission and act accordingly.
103)
Disqualification
● Constitution - Person shall be disqualified from being a MP if he is so disqualified on the
on Ground of
ground of defection under the provisions of the Tenth Schedule.
Defection ● To be decided by the Chairman in the case of RS and Speaker in the case of LS
● Decision of the Chairman/ Speaker is subject to judicial review.
Disqualification
● MP becomes subject to any of the disqualifications specified in the Constitution
Resignation
● A member may resign his seat by writing to the Chairman of Rajya Sabha or Speaker
of Lok Sabha, as the case may be.
● Seat falls vacant when the resignation is accepted.
● Chairman/ Speaker may not accept the resignation if he is satisfied that it is not
voluntary or genuine
Absence
● If an MP is absent from all its meetings for a period of 60 days without its permission.
● In computing the period of 60 days, no account shall be taken of any period during
which the House is prorogued or adjourned for more than 04 consecutive days.
Other cases
● if his election is declared void by the court
● if he is expelled by the House;
● if he is elected to the office of President or Vice-President
● if he is appointed to the office of governor of a state
Note –
● If a disqualified person is elected to the Parliament, the Constitution lays down no procedure to declare
the election void.
● Dealt by the Representation of the People Act (1951) - Enables the high court to declare an election void
if a disqualified candidate is elected.
Oath (Article 99) ● Every MP, before taking his seat in the House, has to make and subscribe to an oath or
affirmation before the President or some person appointed by him
● Third Schedule
● Unless a member takes the oath, he cannot vote and participate in the proceedings
of the House and does not become eligible to parliamentary privileges and immunities
● Article 104 - A person is liable to a penalty of ₹500 for each day he sits or votes as a
member in a House in the following conditions:
1. Before taking and subscribing to the prescribed oath or affirmation; or
2. When he knows that he is not qualified or that he is disqualified for its membership;
or
3. When he knows that he is prohibited from sitting or voting in the House by virtue of
any parliamentary law.
JAYA BACHCHAN CASE 2006 House at such a time and vote in the first
o For deciding the question as to whether one is instance, no casting vote.
holding an office of profit or not, what is relevant ● Whenever the Lok Sabha is dissolved, the
is whether the office is capable of yielding a Speaker does not vacate his office and
profit or pecuniary gain and not whether the continues till the newly - elected Lok Sabha
person actually obtained a monetary gain. meets.
o It had held that if office carries with it or entitles
holder to any pecuniary gain other than ROLE, POWERS AND FUNCTIONS
reimbursement of out of pocket or actual o Head of the Lok Sabha, and its representative.
expenses, then office will be office of profit for o Guardian of powers and privileges of the
purpose of Article 102 (1)(a). members, the House as a whole and its
committees.
PRESIDING OFFICERS OF PARLIAMENT o His decision in all Parliamentary matters is final.
● Lok Sabha – Speaker, Deputy Speaker, Panel of o He maintains order and decorum in the House for
chairpersons conducting its business and regulating its
● Rajya Sabha – Chairman, Deputy Chairman, proceedings- Primary responsibility and has final
Panel of vice-chairpersons power in this regard.
o Final interpreter of the provisions of (a) the
SPEAKER OF LOK SABHA Constitution of India, (b) the Rules of Procedure
● Election and Conduct of Business of Lok Sabha, and (c)
o Elected by the Lok Sabha from amongst the parliamentary precedents, within the House
its members (as soon as may be, after its o Adjourns the House or suspends the meeting in
first sitting) – Simple Majority absence of a quorum.
o Whenever the office of the Speaker falls o Does not vote in the first instance; can exercise a
vacant, the Lok Sabha elects another casting vote in the case of a tie - only when the
member House is divided equally on any question, the
o The date of election of the Speaker is Speaker is entitled to vote.
fixed by the President. o Presides over a joint setting of the two Houses of
● Tenure - Speaker remains in office during the life Parliament
of the Lok Sabha - he has to vacate his office o Can allow a ‘secret’ sitting of the House at the
earlier in any of the following three cases request of the Leader of the House - No stranger
o if he ceases to be a member of the Lok can be present in the chamber, lobby or galleries
Sabha except with the permission of the Speaker.
o if he resigns by writing to the Deputy o Decides whether a bill is a money bill or not and
Speaker his decision on this question is final.
o if he is removed by a resolution passed by o Decides the questions of disqualification of a
a majority of all then members of the Lok member of the Lok Sabha, arising on the ground
Sabha (Effective Majority) - Resolution of defection under the provisions of the Tenth
can be moved only after giving 14 days’ Schedule
advance notice o Acts as the ex-officio chairman of the Indian
● When a resolution for the removal is under Parliamentary Group
consideration - he cannot preside at the sitting of o Appoints the chairman of all the parliamentary
the House, though he may be present; can committees of the Lok Sabha and supervises
speak and take part in the proceedings of the their functioning.
● G.V. Mavalankar and Ananthasayanam ● Can be removed from his office only if he is
Ayyangar had the distinction of being the first removed from the office of the Vice-President.
Speaker and the first Deputy Speaker ● Powers and functions of the Chairman in the
(respectively) of the Lok Sabha. Rajya Sabha are similar to those of the Speaker
in the Lok Sabha.
PANEL OF CHAIRPERSONS OF LOK SABHA ● Chairman is not a member of the House.
● Under the Rules of Lok Sabha - Speaker ● Cannot vote in the first instance - Only Casting
nominates from amongst the members a panel Vote
of not more than ten chairpersons. ● Cannot preside over a sitting of the Rajya Sabha
● Any of them can preside over the House in the as its Chairman when a resolution for his removal
absence of the Speaker or the Deputy Speaker. is under consideration - Can be present and
● When a member of the panel of chairpersons is speak in the House and can take part in its
also not present, any other person as determined proceedings, without voting
by House acts as the Speaker. ● Salaries and allowances - Fixed by the
● Member of the panel of chairpersons cannot Parliament - Charged on the Consolidated Fund
preside over the House, when the office of the of India
Speaker or the Deputy Speaker is vacant -
Speaker’s duties are to be performed by such DEPUTY CHAIRMAN OF RAJYA SABHA
member of the House as the President may ● Elected by the Rajya Sabha itself from amongst
appoint for the purpose. its members – Simple Majority
● The elections are held, as soon as possible, to fill ● Whenever the office of the Deputy Chairman
the vacant posts. falls vacant, the Rajya Sabha elects another
member to fill the vacancy.
SPEAKER PRO TEM ● Vacates his office
● As provided by the Constitution, the Speaker of o if he ceases to be a member of the Rajya
the last Lok Sabha vacates his office immediately Sabha
before the first meeting of the newly elected Lok o if he resigns by writing to the Chairman
Sabha o if he is removed by a resolution passed by
● President appoints a member of the Lok Sabha a majority of all the then members of the
as the Speaker Pro Tem - Usually, the seniormost Rajya Sabha - Only after giving 14 days’
member is selected. advance notice
● Performs the duties of the Chairman’s office
● The President himself administers oath to the when it is vacant or when the Vice-President acts
Speaker Pro Tem. as President or discharges the functions of the
● Has all the powers of the Speaker. President.
● Presides over the first sitting of the newly elected ● Also acts as the Chairman when the latter is
Lok Sabha absent.
● Main duty is to administer oath to the new ● In both the cases, he has all the powers of the
members and to enable the House to elect the Chairman.
new Speaker. ● Deputy Chairman is not subordinate to the
● Temporary office Chairman - Directly responsible to the Rajya
Sabha.
CHAIRMAN OF RAJYA SABHA ● While presiding over the House, cannot vote in
● The vice-president of India is the ex-officio the first instance; he can only exercise a casting
Chairman of the Rajya Sabha vote in the case of a tie.
2. According to the provisions laid down in the 3. If he/she intends to resign, the letter of his/her
Constitution of India, in Lok Sabha, the Speaker’s resignation has to be addressed to the Deputy
post goes to the majority party and the Deputy Speaker.
Speaker’s to the Opposition. Which of the statements given above is/are correct?
Which of the statements given above is/are correct? (a) 1 and 2 only
(a) 1 only (b) 3 only
(b) 2 only (c) 1, 2 and 3
(c) Both 1 and 2 (d) None
(d) Neither 1 nor 2 Answer : B
Answer: D
Q. 06 Consider the following statements: [2013]
1. The Chairman and the Deputy Chairman of the
Rajya Sabha are not the members of that House.
2. While the nominated members of the two Houses
of the Parliament have no voting right in the
presidential election, they have the right to vote in
the election of the Vice-President.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer : B
Q.07 Consider the following statements: [2012]
1. Union Territories are not represented in the Rajya
Sabha.
2. It is within the purview of the Chief Election
Commissioner to adjudicate the election disputes.
3. According to the Constitution of India, the
Parliament consists of the Lok Sabha and the Rajya
Sabha only.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) None
Answer : D
Q.08 Regarding the office of the Lok Sabha Speaker,
consider the following statements: [2012]
1. He/She holds the office during the pleasure of the
President.
2. He/She need not be a member of the House at
the time of his/her election but has to become a
member of the House within six months from the date
of his/ her election.